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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/12/1998CITY OF LUBBOCK REGULAR CITY COUNCIL MEETING March 12, 1998 8:00 A. M. The City Council of the City of Lubbock, Texas met in regular session on the 12th day of March, 1998, in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 8:00 A.M. 8:00 A. M. CITY COUNCIL CONVENED City Council Chambers, 1625 13th Street, Lubbock, Texas Present: Mayor Windy Sitton, Councilmember Victor Hernandez, Council - member Max Ince, Councilmember Randy Neugebauer, and Councilmember T. J. Patterson. Mayor Sitton stated the Council would be holding an executive session in accordance with the V.T.C.A. Government Code, Section 551 to discuss personnel matters (City Attorney; City Manager); pending or contemplated litigation (Police Department; Right -of -Way; Water Utilities); personnel matters regarding duties, responsibilities, and/or appointments (Boards and Commissions); and to deliberate the purchase, exchange, lease, or value of real property (Auditorium/Coliseum; Electric Utilities; Fire Department; Streets). 8:02 A. M. CITY COUNCIL RECESSED TO EXECUTIVE SESSION City Attorney's Conference Room All councilmembers were present. ( 1.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters (City Attorney; City Manager). (2.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.071(1)(A) to discuss pending or contemplated litigation (Police Department; Right -of -Way; Water Utilities). (3.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.074(a)(1) to discuss personnel matters regarding duties, responsibilities, and/or appointments to: Appointments Advisory Board Board of Health Economic Development Task Force Keep Lubbock Beautiful Advisory Committee Neighborhood Redevelopment Commission Park and Recreation Board Planning and Zoning Commission Structural Standards Commission Zoning Board of Adjustment ( 4.) Hold an executive session in accordance with V.T.C.A. Government Code, Section 551.072 to deliberate the purchase, exchange, lease, or value of real property (Auditorium/Coliseum; Electric Utilities; Fire Department; Streets). 9:35 A. M. CITY COUNCIL WORK SESSION CONVENED Committee Room 103 Regular City Council Meeting March 12, 1998 Page 128 ( 5.) Presentation of the First Quarter 1997-98 Financial/Investment Performance by Betsy Bucy, Finance Manager. 10:00 A. M. CITY COUNCIL WORK SESSION RECESSED 10:10 A. M. CITY COUNCIL EXECUTIVE SESSION RECONVENED 10:42 A. M. CITY COUNCIL REGULAR MEETING RECONVENED City Council Chambers Present: Mayor Windy Sitton, Mayor Pro Tem Alex Cooke, Councilmember Victor Hernandez, Councilmember Max Ince, Councilmember David Nelson, Councilmember Randy Neugebauer, Councilmember T. J. Patterson, City Manager Bob Cass, City Attorney Anita Burgess, and City Secretary Kaythie Darnell Absent: None Mayor Sitton called the meeting to order at 10:42 A.M. (6.) Sister Mary Gerrior, Supervisor of Clinical Pastoral Education Center, St. Mary's Hospital, gave the invocation. (7.) Pledge of Allegiance was given in unison by those in the City Council Chambers. BOARD APPOINTMENTS RECOGNITION National Windmill Project, Inc. Board of Directors Receiving: Cindy Martin Ms. Martin was unable to attend to accept this recognition. CITIZEN APPEARANCES (8.) Presentation of the update of activities on Board of Electrical Examiners by Galen Kunka, Chair. The Board of Electrical Examiners consists of seven members and has Officer of the City status. The board gives examinations to applicants for certain electrical licenses granted by the City, and hears the appeals on code interpretation. Composition of this board is defined by ordinance, which requires representation of master electricians, journeyman electricians, electrical engineers, general contractors, residential contractors, and a layman. CITIZEN COMMENTS Three citizens expressed comments to the Council. They were: Cecil Puryear John Cagle Mikel Ward CONSENT AGENDA (Items No. 9 - 25) Motion was made by Councilmember Cooke, seconded by Councilmember Nelson to approve all items on consent agenda as recommended by staff. Motion carried: 7 Yeas, 0 Nays. 128 Regular City Council Meeting March 12, 1998 Page 129 ( 9.) Approval of the minutes of the Regular City Council Meeting of February 26, 1998. (10.) Ordinance No. 10052 - Abandon and close three portions of 66th Street located in Section 36, Block A-K, Lubbock County (5920 66th Street) (second and final reading). ORDINANCE NO. 10052 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF 66TH STREET LOCATED IN SECTION 36, BLOCK AK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (11.) Ordinance No. 10053 - Abandon and close a 20-foot underground utility easement in Tract D, Pheasant Run Addition and a portion of a stormwater drainage and impoundment easement located in Tract A, Pheasant Run Addition to the City of Lubbock (6020 81st Street) (second and final reading). ORDINANCE NO. 10053 AN ORDINANCE ABANDONING AND CLOSING AN UNDERGROUND UTILITY EASEMENT AND A PORTION OF A STORM WATER DRAINAGE AND EASEMENT LOCATED IN THE PHEASANT RUN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (12.) Ordinance No. 10054 - Zone Case No. 2809 (5502 19th Street): Zone change from R-1 to A-2 limited to a daycare on 1.889 acres of land out of a portion of Section 4, Block E-2 (second and final reading). ORDINANCE NO. 10054 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO. 2809: A ZONING CHANGE FROM R-1 TO A-2 ZONING LIMITED TO A DAYCARE ON 1.889 ACRES OF LAND OUT OF A PORTION OF SECTION 4, BLOCK E-2, LUBBOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (13.) Ordinance No. 10055 - Amend Article IX of Chapter 14 of the Code of Ordinances of the City of Lubbock, Texas with regard to sexually oriented businesses with the City (second and final reading). ORDINANCE NO. 10055 AN ORDINANCE AMENDING ARTICLE IX OF CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO SEXUALLY ORIENTED BUSINESSES WITHIN THE CITY; PROVIDING FOR APPEAL; AND PROVIDING FOR PENALTY. 129 Regular City Council Meeting March 12, 1998 Page 130 (14.) Ordinance No. 10056 - Amend Article VI of Chapter 2 of the Code of Ordinances of the City of Lubbock, Texas with regard to the Permit and License Appeal Board (second and final reading). ORDINANCE NO. 10056 AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE PERMIT AND LICENSE APPEAL BOARD; PROVIDING FOR MEETINGS, QUORUM AND VOTING. (15.) Ordinance No. 10057 - Amend Ordinance No. 9971 regarding telecommunications franchises to provide an alternative linear foot fee for right-of-way usage to apply in the event such linear foot fee would exceed the standard access line charge (second and final reading). ORDINANCE NO. 10057 AN ORDINANCE AMENDING ORDINANCE NO. 9971 OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO TELECOMMUNICATIONS FRANCHISING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. (16.) Consider Ordinance No. 10058 abandoning and closing a portion of a 20-foot wide drainage easement located in Section 13, Block E-2, Lubbock, Texas (9002 University Avenue)(first reading). ORDINANCE NO. 10058 AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A DRAINAGE EASEMENT LOCATED IN SECTION 13, BLOCK E-2, LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This ordinance abandons and closes an east -west 20-foot by 600-foot drainage easement located just west of University Avenue and north of 91st Street. This easement is being closed for replatting purposes and a new easement will be dedicated along the south side of the new plat. The Right -of -Way Department recommended the first reading of this ordinance. (17.) Consider Resolution No. 5785 authorizing the Mayor to execute a street monitor well permit with Mayfield Van Lines and Warehouse for use of the city street (1320 East 44th Street). RESOLUTION NO. 5785 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Street/Alley and/or City Public Grounds Monitor Well Permit by and between the City of Lubbock and Mayfield Van Lines and Warehouse, attached hereto, and which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. 130 Regular City Council Meeting March 12, 1998 Page 131 Passed by City Council this 12th day of March, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice A copy of the Grounds Monitor Well Permit is filed with Resolution 5785. This permit allows the Mayfield Van Lines and Warehouse representative, Grimes and Associates, to drill a groundwater monitor well in the south parkway of East 44th Street approximately 258 feet west of Martin Luther King, Jr. Boulevard. This well will give Grimes and Associates a means of checking possible water pollution which has occurred from previously leaking underground fuel tanks at Mayfield Van Lines on the north side of East 44th Street. The Texas Natural Resource Conservation Commission has asked them to go off -site with this monitor well. All utilities are in agreement, and the City will receive $100 per year for this well location. This permit is for twenty years, payable every five years in advance. The Right -of -Way Department recommended the approval of this monitor well permit. (18.) Consider Resolution No. 5786 authorizing the Mayor to execute a street -use license with Cafeteria Operators, L. P. for a grease trap and lines adjacent to Tracts A and B, Martin -Oliver Addition (1001 East 33rd Street). RESOLUTION NO. 5786 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute a Street Use License with associated documents for and on behalf of the City of Lubbock with Cafeteria Operators, L. P. for installation of a grease trap, cleanouts, and discharge and collection lines. Said agreements are attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 131 Regular City Council Meeting March 12, 1998 Page 132 Passed by City Council this 12th day of March, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Ed Bucy Ed Bucy, Right -of -Way Agent APPROVED AS TO FORM: /s/ Linda L. Chamales Linda L. Chamales, Supervising Attorney, Office Practice A copy of the Street Use License is filed with Resolution 5786. This street -use license allows Cafeteria Operators, L. P. to have a grease trap, cleanouts, discharge and collection lines in the north one-half of East 33rd Street, just east of Juniper Avenue adjacent to the south side of the west one-half of Tract B and all of Tract A, Martin -Oliver Addition. This license replaces the original 20-year license that recently expired. This new license will be for 20 years and the $50 per year minimum will be charged. The Right -of -Way Department recommended the approval of this street - use license. (19.) Consider Resolution No. 5787 authorizing the City Council to approve an agreement and authorizing the Mayor to execute all related documents with the South Plains Association of Governments as related to pass -through funds from the Texas Department on Aging (TDOA). RESOLUTION NO. 5787 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK. THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract for senior citizen services, by and between the City of Lubbock and South Plains Association of Governments as related to pass -through funds from the Texas Department on Aging, and related documents. Said Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. 132 Regular City Council Meeting March 12, 1998 Page 133 Passed by City Council this 12th day of March, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Managing Director of Civic Services APPROVED AS TO FORM: /s/ William de Haas William de Haas, Assistant City Attorney A copy of the Contract is filed with Resolution 5787. The City of Lubbock has contracted with the South Plains Association of Governments (SPAG) for the past 18 years to provide services for the senior population. SPAG serves as the pass -through agency for federal funds from the Texas Department on Aging (TDOA), and the United States Department of Agriculture (USDA). The City of Lubbock Senior Program targets any citizen 60 years or older to provide a hot meal, transportation, and recreational and social activities. The FY 1997-98 agreement with SPAG provides reimbursement for meals and transportation. The reimbursement rates from SPAG are the following: Meals - $1.50 per hot meal, five days a week at all five sites; and Transportation - $0.85 per unit provided at the three full-time sites. The proposed contract with SPAG has changed regarding the pass - through funds from the USDA, remaining at $0.58 per meal served, but reducing limited meals from 80,000 to 70,000 meals. The total estimated revenue to the City of Lubbock from the SPAG contract is: Meals $109,778 Transportation 10,850 USDA 40,600 Total $161,228 Reimbursement for the senior meals is matched in part by donations received from the seniors. Staff recommended approval of this agreement, as the funding aids in meeting the needs of the senior population and enhances services offered by the City of Lubbock. 133 Regular City Council Meeting March 12, 1998 Page 134 (20.) Consider Resolution No. 5788 authorizing the Mayor to execute all related documents with the South Plains Association of Governments as related to pass -through funds from the United States Department of Agriculture (USDA). RESOLUTION NO. 5788 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK. THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract for senior citizen services, by and between the City of Lubbock and South Plains Association of Governments as related to pass -through funds from the United States Department of Agriculture, and related documents. Said Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by City Council this 12th day of March, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Managing Director of Civic Services APPROVED AS TO FORM: /s/ William de Haas William de Haas, Assistant City Attorney A copy of the Contract is filed with Resolution 5788. The City of Lubbock has contracted with the South Plains Association of Governments (SPAG) for the past 18 years to provide services for the senior population. SPAG serves as the pass -through agency for federal funds from the Texas Department on Aging (TDOA), and the United States Department of Agriculture (USDA). The City of Lubbock Senior Program targets any citizen 60 years or older to provide a hot meal, transportation, and recreational and social activities. The FY 1997-98 agreement with SPAG provides reimbursement for meals and transportation. The reimbursement rates from SPAG are the following: Meals - $1.50 per hot meal, five days a week at all five sites; and Transportation - $0.85 per unit provided at the three full-time sites. The proposed contract with SPAG has changed regarding the pass - through funds from the USDA, remaining at $0.58 per meal served, but reducing limited meals from 80,000 to 70,000 meals. 134 Regular City Council Meeting March 12, 1998 Page 135 The total estimated revenue to the City of Lubbock from the SPAG contract is: Meals $109, 778 Transportation 10,850 USDA 40,600 Total $161,228 Reimbursement for the senior meals is matched in part by donations received from the seniors. Staff recommended approval of this agreement, as the funding aids in meeting the needs of the senior population and enhances services offered by the City of Lubbock. (21.) Consider Resolution No. 5789 amending the power sales agreement between West Texas Municipal Power Agency (WTMPA) and the City of Lubbock in anticipation of contract revenue bond issuance. RESOLUTION NO. 5789 A RESOLUTION ratifying, confirming and approving the City's prior approval of and agreement to participate in a project to be undertaken by the West Texas Municipal Power Agency; approving and authorizing the execution of an Amended Power Sales Contract; and resolving other matters incident and related thereto. WHEREAS, pursuant to Sections 13(a) and 13(b) of the Power Sales Contract by and between the West Texas Municipal Power Agency (the "Agency") and the Cities of Lubbock, Tulia, Brownfield, and Floydada (the "Cities"), the City of Lubbock, Texas received written notice of Agency's intention to provide funds (through the issuance of bonds) for new 40 megawatt co -generation project involving the acquisition and installation of a single combustion turbine with heat recovery steam generator located in the Lubbock Power and Light Plant No. 2 (the "Project"), more specifically described in Exhibit A attached hereto and incorporated herein by reference as a part of this resolution for all purposes; and WHEREAS, November 13, 1997, the City Council approved the Project and agreed to participate therein; and WHEREAS, the City Council hereby finds and determines that its prior approval of, and agreement to participate in, the Project should be ratified, confirmed and approved and an Amended Power Sales Contract by and between the Agency and the Cities should be approved and authorized to be executed; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK. SECTION 1: The City's prior approval of and agreement to participate in the Project described in Exhibit A attached hereto and incorporated herein by reference for all purposes to be undertaken by Agency, which approval was given by the Council on November 13, 1997, is hereby ratified and confirmed in all respects, and the Agency is hereby authorized and directed to proceed with the financing and construction of such Project with the City of Lubbock's approval and participation as contemplated and provided in the Power Sales Contract with said Agency. 135 Regular City Council Meeting March 12, 1998 Page 136 SECTION 2: The Amended Power Sales Contract by and between the Agency and the Cities, attached hereto as Exhibit B and incorporated herein by reference as a part of this Resolution for all purposes, is hereby approved as to form and content, and such Contract in substantially the form and substance attached hereto is hereby authorized to be executed by the Mayor and City Secretary for and on behalf of the City and as the act and deed of the City Council; and upon its execution by said officials, such Amended Power Sales Agreement, dated as of July 1, 1995 and amended as of April 1, 1998, shall be deemed and constitute the valid and binding agreement by and between the Agency and the City with respect to the purchase of power under such Agreement. SECTION 3: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by V.T.C.A. Government Code, Chapter 551, as amended. SECTION 4: This Resolution shall be in force and effect from and after its passage on the date shown below and it is to resolved. PASSED AND ADOPTED, this March 12, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary A copy of Exhibit A and a copy of Exhibit B (Amended Contract) are filed with Resolution 5789. As part of the original actions forming the West Texas Municipal Power Agency (WTMPA) in 1985, a Power Sales Contract was developed to allow WTMPA to purchase all power for the member cities and to resell this power to the member cities. The approval of the repowering project at LP&L's Plant No. 2 requires the original Power Sales Contract to be amended to add this project to the Power Sales Contract, which will allow sale of power from the project to the member cities. The various amendments update the contract with 1998 data and include the repowering project where needed. This contract is necessary to provide the security for repayment of the bonds that will be issued to WTMPA. Staff recommended that the City Council approve the resolution. (22.) Consider Resolution No. 5790 authorizing the Mayor to execute for and on behalf of the City of Lubbock an agreement for the preparation of asbestos abatement plans and specifications, air monitoring, and other related asbestos issues for Mahon Library. 136 Regular City Council Meeting March 12, 1998 Page 137 RESOLUTION NO. 5790 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK. THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract for the Asbestos Abatement and HVAC modification at Mahon Library, by and between the City of Lubbock and Grimes and Associates, Consulting Engineers, and related documents. Said Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by City Council this 12th day of March, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Tommy Gonzalez Tommy Gonzalez, Managing Director of Civic Services APPROVED AS TO FORM: /s/ William de Haas William de Haas, Assistant City Attorney A copy of the Agreement is filed with Resolution 5790. This proposal is a continuation of works relating to the asbestos abatement at Mahon Library. This next phase of ACM abatement at the Mahon Library will bring the facility up to an acceptable standard. The Texas Department of Health visited the facility in early 1995 and made several recommendations relating to health concerns at the facility. The main concern was using the current attic plenum as a return air system for the HVAC systems. The first portion involved the immediate cleaning of the ACM from the books and shelves in the basement area that was used for the Friends of the Library annual book sale. The second portion involved the abatement of all ACM from the mechanical rooms and cleaning the tops of selected ceiling tiles. The third portion involved the abatement of the ACM from the undeveloped area of the basement. This proposal will involve the abatement of ACM material to allow for the attic plenum to be abandoned and new return air systems to be installed. Resolution No. 4922, dated August 10, 1995, approved Grimes and Associates as the firm to provide for the Asbestos Management Plan and services relating to future asbestos related issues. Based on past performance and current projects with Grimes and Associates, staff recommended approval of this firm. 137 Regular City Council Meeting March 12, 1998 Page 138 (23.) Resolution No. 5791/RFP #97160--Electronic Meter Reading System (LP&L Electric Utility Billing) RESOLUTION NO. 5791 THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract and all related documents by and between the City of Lubbock and Radix Corporation for an electronic meter reading system, which Contract is attached hereto, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by City Council this 12th day of March, 1998. /s/ WINDY SITTON WINDY SITTON, MAYOR ATTEST: /s/ Kaythie Darnell Kaythie Darnell, City Secretary APPROVED AS TO CONTENT: /s/ Victor Kilman Victor Kilman, Purchasing Manager APPROVED AS TO FORM: /s/ Donald G. Vandiver Donald G. Vandiver, First Assistant City Attorney A copy of the Sales Agreement is filed with Resolution 5791. This project provides for the replacement of a 12-year-old electronic meter reading system. It encompasses a personal computer, route management software, 16 meter reading recording devices, and communications hardware. The current system is technologically out of date and cannot be upgraded. The current meter reading devices are no longer in production, and parts for repairs and maintenance are not available. As a result, maintenance costs have risen to over $20,000 per year. Installation of the new system will result in annual savings of over $13,000 in maintenance costs alone. Additionally, the employment of the latest computer technology will produce more efficiency and reliability in the meter reading operation. The Electric Capital Project budget amount is $70,000. Proposals were received from Radix Corporation; Datamatic, Inc.; Logicon, Inc.; and Schlumberger Industries. A committee of two Information Technology personnel who work on the LP&L system, the LP&L Office Manager, and the LP&L Field Services Supervisor performed an initial analysis of all proposals and developed a series of specific questions which were sent to all proposers for clarification. Each committee member developed scores and ranking for all vendors. 138 Regular City Council Meeting March 12, 1998 Page 139 The Meter Reading Systems budget amount is $70,000. The Committee recommendation was to purchase the Radix meter reading system, which also was the low cost proposer. The proposal cost is $40,540 from Radix of Salt Lake City, Utah. (24.) Bid #98002--Animal Cremation System (Animal Services) This bid is for the purchase of an animal cremation system to be placed _ at the Lubbock Animal Shelter. It will be used to cremate deceased animals that are picked up off the streets and animals that are euthanized at the shelter. The General Capitol Projects Fund budget amount is $82,500. The low bid is $70,747 from FM Systems, Inc. of Wheat Ridge, Colorado. (25.) Bid #98041--Steam Turbine Blades and Installation (Electric Production) This bid is for the purchase and installation of turbine blades on the Holly 2 Steam Turbine. The steam turbine failed while in service in November, 1997. Holly 2 is one of our main generating units and is required for service by the end of May when the system load substantially increases with the onset of summer. Consequently, bids specified the replacement of these blades on an emergency basis with delivery of the rotor being required by early May. The Electric Facilities & System Improvements -Capital Projects budget amount is $370,000. The low bid is $366,957 from TurboCare of Manvel, Texas. Staff recommended award of each of the bids to the bidder as indicated on the tabsheets and award of the contract as shown on the resolution. REGULAR AGENDA PUBLIC HEARINGS (26.) Zone Case No. 2806 (2103 34th Street): Continuation of public hearing on appeal of denied request of Ike Garner for zoning change from C-2 to C-4 for a secondhand goods store on Lot 1 and the east 120 feet of Lot 2, McGee Addition, and to consider ordinance. The Council continued this item from February 26. Ike Garner appeared to present the zone change request. Cecil Puryear appeared in favor of the zone change. Lewis Murphy appeared in opposition. Mayor Sitton closed the hearing at 11:23 a.m. The Planning Commission denied this request during the December meeting. A 6/7 positive vote of the Council would be required to overturn the denial. The request is structured to allow one C-4 use, the sale of used goods. Mr. Garner was provided a notice of violation by Environmental Inspection Services for a series of outside sales on the parking lot. In a letter, Mr. Garner provided to adjacent owners the background of the craft mall and his proposed use for the sale of used goods is outlined (included in Council backup). When Mr. Garner first visited with the Planning staff he was informed that two options existed: *19 Regular City Council Meeting March 12, 1998 Page 140 1. A consignment or used clothing business (limited to clothing only) is a conditional use in C-2 and is considered by the Zoning Board of Adjustment. 2. A change to C-4 through a zone change request would open up the definition of used goods to include all items, not just clothes. Such a change would not condone the outside sales on the parking lot. Two previous cases within a half mile --one for Goodwill and one for Catholic Family Services --have been considered and approved by the Board of Adjustment for used clothing sales. Adjacent land uses: North - commercial South - residential East - apartment residential West - commercial The proposal is not consistent with the Comprehensive Land Use Plan in that C-4 is targeted for state or regional highways, although this request is limited to one permitted use from the C-4 District. The existing zoning east and west and across 34th is C-2. Other than the introduction of a C-4 use, the other significant zoning policy for discussion is compatibility and impact on adjacent property. The proponent expressed the desire for outside sales during his presentation to the Commission. The staff clarified several times during the hearing that the proposed zoning (C-4) does not allow the proponent to have outside sales on the parking lot except for 18 days per year when a "sidewalk sale" is available in all commercial districts. Several adjacent landowners opposed the proposal. When asked if they would mind the used goods sales if the activity were inside the building, one person said "no". A Commission member asked Mr. Garner if he could live with that, and he continued to press for the ability to sell on the parking lot. The staff presentation apparently did not made it clear to him that the outside sales were not permitted even if the zone change was approved. At that point, a motion was made with unanimous approval for denial. The request was denied by the Planning and Zoning Commission. Having made an attempt to accommodate the used goods sale through suggesting a zone change, with opposition from adjacent owners, and with the history of Environmental Inspection Services complaints with Mr. Garner, staff supported the denial of the request. Motion was made by Councilmember Neugebauer, seconded by Councilmember Nelson to uphold the decision of the Planning and Zoning Commission and deny the zone change. Motion carried: 6 Yeas, 1 Nays. Councilmember Hernandez voted Nay. TRANSPORTATION SERVICES (27.) Consider a resolution supporting the Byrd -Gramm Amendment that will add $2 billion to Texas' transportation budget over a five-year period, through the Federal Highway Trust Fund. This item was deleted prior to council meeting. 140 Regular City Council Meeting March 12, 1998 Page 141 MISCELLANEOUS (28.) Consider a resolution changing the time of Regular City Council Meetings to afternoon or evening hours. This item was placed on the agenda at the request of Councilmember Victor Hernandez. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to continue this item until the second meeting in June to discuss with the budget. Motion carried: 5 Yeas, 2 Nays. Councilmembers Hernandez and Ince voted Nay. (29.) Consider a resolution directing the City staff to provide public information to the public and/or news sources at the minimum cost established by law. This item was placed on the agenda at the request of Councilmember Victor Hernandez. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to continue this item until the second meeting in June to discuss with the budget. Motion carried: 5 Yeas, 2 Nays. Councilmembers Hernandez and Ince voted Nay. (30.) Consider a resolution directing the City staff to video tape all briefings of City Council members being given by City staff and preserve such video tape for viewing by the public and/or news sources. This item was placed on the agenda at the request of Councilmember Victor Hernandez. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to continue this item until the second meeting in June to discuss with the budget. Motion carried: 5 Yeas, 2 Nays. Councilmembers Hernandez and Ince voted Nay. (31.) Consider a resolution requiring the City Council to continue to make all appointments of City board and commission members in public and on the record. This item was placed on the agenda at the request of Councilmember Victor Hernandez. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to continue this item until the second meeting in June to discuss with the budget. Motion carried: 5 Yeas, 2 Nays. Councilmembers Hernandez and Ince voted Nay. (32.) Consider a resolution entitled the "small business advocate resolution" also known as the "reducing red tape resolution" that would create economic development opportunities through the elimination of unnecessary paper work and costs associated with licensing and permitting and their associated rules and fees, while at the same time preserving a municipality's ability to ensure public health and safety. This item was placed on the agenda at the request of Councilmember Victor Hernandez. 141 Regular City Council Meeting March 12, 1998 Page 142 Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to continue this item until the second meeting in June to discuss with the budget. Motion carried: 5 Yeas, 2 Nays. Councilmembers Hernandez and Ince voted Nay. BOARD APPOINTMENTS (33.) Consider one appointment to the West Texas Municipal Power Agency Board of Directors. All board members have a staggered two-year term with a common expiration date of December. As a member of this Agency, the City of Lubbock has two board positions that are appointed by the City Council. Article 14335a, Revised Civil Statutes of Texas, 1925, as amended, requires that each member be a qualified elector and reside within the boundary of the agency at the time of execution of his constitutional oath of office. The Managing Director of Lubbock Power and Light serves as one of two City appointees. Robert Massengale has served on this board since his appointment to Lubbock Power and Light in 1994. The Appointments Advisory Board recommended the reappointment of Robert Massengale to this position. His professional experience and expertise are valued and respected. Motion was made by Councilmember Cooke, seconded by Councilmember Patterson to appoint Robert Massengale to the West Texas Municipal Power Agency Board of Directors. Motion carried: 7 Yeas, 0 Nays. 11:26 A. M. COUNCIL RECESSED TO EXECUTIVE SESSION 1:44 P. M. COUNCIL RECONVENED 1:45 P.M. COUNCIL ADJOURNED There being no further business to come before Council, Councilmember Ince made a motion to adjourn; Councilmember Hernandez seconded the motion. Motion carried: 4 Yeas; 0 Nays. Mayor Sitton, Council - member Nelson, and Councilmember Patterson were not present when Council reconvened. WINDY SITTC 1�I MAYOR Darnell, City Secretary Read and approved this 9hZ1 day of , 1998. IW41NDYON, MAYOR A TEST: V' aykiV Darnell, City Secretary 142